(a) This subchapter applies only to real property that is located in the unincorporated area of a county with a population of 2.1 million or more.
(b) This subchapter does not apply to:
(1) existing communication facilities or other structures used for the purpose of colocation, provided the height is not increased by more than 10 feet;
(2) a communication facility structure built to replace an existing communication facility structure if:
(A) the replacement communication facility structure is constructed within 50 feet of the existing communication facility structure;
(B) the replacement communication facility structure is no higher than and constructed for the same purpose as the existing communication facility structure; and
(C) the existing communication facility structure is removed not later than the 14th day after the date the replacement communication facility begins operations; or
(3) a communications antenna, antenna facility, or antenna tower or support structure located in a residential area that is used by an amateur radio operator exclusively for amateur radio communications or public safety services.

Terms Used In Texas Local Government Code 240.082

  • Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.